Jasper attorney John Luke Weaver has offered to settle a claim of excessive force against the City of Blue Ridge and its police department for a quarter of a million dollars.
In an Ante Litem Notice dated October 19, Weaver said his client, Jessica Johnson Davis, “sustained severe bodily and psychological injuries” at the hands of Blue Ridge police officers May 6, 2022.
Weaver’s notice alleges that during Davis’s detainment officers caused the injuries by “intentional, voluntary, excessive, unreasonable, and unprofessional actions.” Those injuries caused Davis to require immediate medical and psychological attention.
Weaver’s notice goes on to state that the injuries to Davis’ face and head have taken months to heal, and healing time and associated stress caused Davis to ultimately lose her job.
Weaver concludes that he is continuing to investigate the situation, but makes an offer to settle for $250,000. His notice is titled, “For purposes of settlement and compromise only.”
Weaver’s letter does not name an officer or officers specifically, but police department incident reports and corresponding Fannin County jail reports show Davis was arrested by Officer Gary Holloway.
Holloway’s report of the incident said he and Sergeant Thomas Davis made contact with a male with an open container of alcohol on the railroad tracks between Roberts Way and West Main Street. The report lists the date and time as May 6, 2022, at 10:35 p.m.
Holloway’s report says Jessica Davis was telling Sgt. Davis that her friend, who had the open container, did not know the law in Blue Ridge. Sgt. Davis had advised Davis to move on.
Davis stopped and stated, “I don’t want you guys to victimize my friend because he’s brown.”
Two other males were in the group. Davis began walking away with one while the other stayed to record the encounter on his cell phone.
Holloway’s report says Davis walked back, began to yell and curse, and he began to approach her to place her under arrest. Davis began to walk away. “I then had to jog a short distance to catch up to Jessica and attempted to place her in handcuffs. Jessica began to resist and started swinging her arms back and forth in an attempt to get away. I then placed both arms on Jessica(’s) shoulders and took Jessica to the ground.”
When Holloway rolled Jessica over, he saw blood on the sidewalk and on Davis’ head and face.
Fannin County EMS responded, cleaned Davis’ wounds, and stated they were just abrasions and she “would be fine to go to jail,” Holloway’s report stated.
Jail records show she was arrested May 6 at 10:40 p.m. for two counts of misdemeanor, obstructing law enforcement officers. The records show she was later charged with disorderly conduct and public drunkenness at 11:09 p.m.
A use of force report filed by Holloway says Davis was loud and disorderly and obstructing Sgt. Davis.
The male with the open container was freed from the scene and a transport service called.
Appalachian Judicial Circuit Superior Court Judge Mary Beth Priest dismissed the charges of disorderly conduct and public drunkenness against Davis in an order filed October 24 after a September 8 hearing.
The obstruction of an officer charges are still pending.
The News Observer has requested the police officer’s body camera video from Davis’ May 6 arrest, but had not received the video as of Monday afternoon, October 24.